More on Military Detention

I received some unsurprisingly heated reactions to my op-ed in Saturday’s New York Times, which argued that the government should give up on prosecuting Guantanamo detainees and simply hold them in military detention instead.  (I have made versions of this argument before, including last spring with Ben and several years ago with Eric Posner.)  I am not against trials for terrorists in principle, if they can be made to work.   My argument for military detention as the solution for Guantanamo detainees is a pragmatic one based on the growing belief that, despite many efforts, trials for this population of terrorists simply are not (and will not be) legally or politically feasible.

Continue reading Jack Goldsmith at Lawfare…